Minutes_City Councl Proceedings 6 19 17 Copyrighted
July 5, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable TV Commission of 6/7; City Council Proceedings of
6/19, 6/21; Community Development Advisory Commission
of 4/18; Human Rights Commission of 5/8; Proof of
Publication for City Council Proceedings of 6/5.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable 1V Commission Minutes of 6/7/17 Supporting Documentation
City Council Proceedings of 6/19/17 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 4/18/17
City Council Proceedings of 6/21/17 Supporting Documentation
Human Rights Commission Minutes of 5/8/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
6/5/17
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on June 19, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Del Toro
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 6-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 6/5, 6/12; Civil Service
Commission of 5/30; Library Board of Trustees Report#161 of 5/25; Park and Recreation
Commission of 5/9; Zoning Advisory Commission of 6/7; Zoning Board of Adjustment of
5/25; Proof of publication for City Council Proceedings of 5/15, 5/12. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Anderson Windows for property damage, Herbert Cook
for vehicle damage, Ron Ludwig for vehicle damage, Judie Root for property damage,
James Schreiner for personal injury/vehicle damage, Skyler Lee Tracy for vehicle
damage. Upon motion the documents were received, filed and referred to the City
Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Anderson Windows for property damage, Herbert Cook for vehicle
damage, Ron Ludwig for vehicle damage, Judie Root for property damage, James
Schreiner for personal injury/vehicle damage, Skyler Lee Tracy for vehicle damage. Upon
motion the documents were received, filed and concurred.
4. Administrative Services Agreement with SisCo: City Manager recommending
approval of an Administrative Services Agreement with Self Insured Services Company
(SisCo) for COBRA Administration of the Medical and Dental Plans and Administration of
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the Short-Term Disability Plan effective July 1 , 2017. Upon motion the documents were
received, filed and approved.
5. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Police Officer. Upon motion the documents were received,
filed and made a Matter of Record.
6. Workers' Compensation Excess Insurance Renewal for Fiscal Year 2018: City
Manager recommending approval of the workers' compensation excess insurance
renewal rate submitted by Safety National, our current carrier, effective July 1 , 2017
through June 30, 2018. Upon motion the documents were received, filed and approved.
7. Preferred Health Choices - Administrative Services Agreement Amendment VIII:
City Manager recommending approval of an amendment to the Administrative Services
Agreement with Preferred Health Choices to provide run-out administration services
through June 30, 2018. Upon motion the documents were received, filed and approved.
8. Specific and Aggregate Stop Loss Insurance-Health and Prescription Drug Plans:
City Manager recommending approval of the selection of Wellmark, who submitted the
low quote, as the specific and aggregate stop loss carrier for the health and prescription
drug plans for Fiscal Year 2018. Upon motion the documents were received, filed and
approved.
9. Novelty Iron Works - 5th Amendment to Development Agreement: City Manager
recommending approval of the 5th Amendment to Development Agreement with Novelty
Iron Landlord, LLC which allows for payment of grants based upon valuation of the entire
property and which also reflects the change of name for Triumph Community Bank. Upon
motion the documents were received and filed and Resolution No. 212-17 Approving the
Fifth Amendment to the Development Agreement between the City of Dubuque, Iowa and
Novelty Iron Landlord, LLC was adopted.
10. Dubuque County Flood Hazard Mapping Project - City of Dubuque: City Manager
transmitting correspondence to the Federal Emergency Management Agency (FEMA)
expressing the City's agreement with the modeling, methods and results of the Dubuque
County Flood Hazard Mapping Project and continued partnership during the refinement
of the new Flood Insurance Rate Map. Upon motion the documents were received and
filed.
11 . Highway 20 Conduit Project from Wacker Drive to Hill Street - Project Award: City
Manager recommending that the award for the Highway 20 Conduit -Wacker Drive to Hill
Street to Volkins, Inc. be officially recorded in the minutes of the City Council. Upon motion
the documents were received, filed and made a Matter of Record.
12. Plat of Survey - D & E Rainbow Acres: Zoning Advisory Commission
recommending approval of the Plat of Survey of D&E Rainbow Acres waiving the lot
frontage requirement for Lot 1 . Upon motion the documents were received and filed and
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Resolution No. 213-17 Approving the Plat of Survey of D&E Rainbow Acres in the City of
Dubuque, Iowa was adopted.
13. Plat of Survey for City Property at Creek Wood Park: City Manager recommending
approval of a Plat of Survey for Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in the City of
Dubuque per a Property Exchange Agreement with Jeff and Jill Reimer. Upon motion the
documents were received and filed and Resolution No. 214-17 Approving Plat of Survey
of Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in the City of Dubuque, Iowa was adopted.
14. Plat of Survey - Lot 176A - 17th Street: City Manager recommending approval of a
resolution approving the Plat of Survey of Lot 176A of East Dubuque Addition in the City
of Dubuque, Iowa. Upon motion the documents were received and filed and Resolution
No. 215-17 Approving Plat of proposed vacated right-of-way of 17th Street between Elm
Street and Pine Street, said right-of-way being a part of City Lot 176A of East Dubuque
Addition, in the City of Dubuque, Iowa was adopted.
15. Consulting Engineering Services for Storm Sewer Improvements: City Manager
recommending approval to negotiate and enter into a contract for IIW, PC to provide
engineering services for the 17th StreetM/est Locust Street Storm Sewer Improvements
Project and the 22nd Street/Kaufmann Avenue Storm Sewer Improvement Project, both
associated with the Community Development Block Grant Program Disaster Recovery -
National Disaster Resiliency funds for the Bee Branch Watershed Flood Mitigation
Project. Upon motion the documents were received, filed and approved.
16. Iowa Department of Transportation Traffic Safety Improvement Funding
Agreement - NW Arterial and Pennsylvania Avenue: City Manager recommending
authorization for the Mayor to execute a Funding Agreement with the Iowa Department
of Transportation for a Traffic Safety Improvement Grant to assist with the construction of
a proposed right-turn lane on Pennsylvania Avenue at the Northwest Arterial intersection.
Upon motion the documents were received and filed and Resolution No. 216-17
Approving a Funding Agreement (2017-TS-015) with the Iowa Department of
Transportation for a Traffic Safety Improvement Grant to assist with the construction of a
proposed right-turn lane improvement on Pennsylvania Avenue at the Northwest Arterial
intersection was adopted.
17. Advocacy for State Summit on Opioids: City Manager recommending approval for
the Mayor to execute a letter on behalf of the City of Dubuque supporting an Opioid
Summit and state policy development. Upon motion the documents were received and
filed.
18. State Flood Mitigation Project - Amendment to Funding Agreement: City Manager
recommending approval to seek an amendment to the State Flood Mitigation Board
Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. Upon motion
the documents were received, filed and approved.
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19. Boarded-Up Properties Bi-Annual Report: City Manager transmitting an inventory
and review of boarded-up windows and doors for City Council review. Upon motion the
document was received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds:
ENCAP, Inc. for the Lower Bee Branch Creek Floating Island Project; Hawkeye Electric
for the Jackson Park Lighting Project; SELCO, Inc. for the 2017 Pavement Marking
Project. Upon motion the documents were received, filed and approved.
21 . Alcohol Compliance Civil Penalty for Alcohol License Holder - American Legion
Post #6: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for American Legion Post #6, 1306 Delhi
Street. Upon motion the documents were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder- Red Robin America's
Gourmet Burgers & Spirits: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol compliance violation for Red
Robin America's Gourmet Burgers & Spirits, 2775 NW Arterial. Upon motion the
documents were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Vinny Vanucci's
Little Italy: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Vinny Vanucci's Little Italy, 164 Main
Street. Upon motion the documents were received, filed and approved.
24. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 217-17 Approving applications
for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances
Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer
and Wine Licenses and Permits; and Resolution No. 218-17 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 6-0.
1 . Intent to Dispose of City Property / Exchange Agreement - Creek Wood Park: City
Manager recommending that the City Council set a public hearing for July 5, 2017, on the
disposal of City property at and next to Creek Wood Park. Upon motion the documents
were received and filed and Resolution No. 219-17 Intent to dispose of an interest in City
of Dubuque real estate located along Creek Wood Drive pursuant to a Property Exchange
Agreement between the City of Dubuque and Jeff and Jill Reimer and fixing the date for
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a public hearing and providing for the publication of notice thereof was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on July 5, 2017 in the Historic
Federal Building.
2. Vacate of Right-of-Way - 17th Street — Initiate: City Manager recommending
approval of a resolution setting a public hearing for July 5, 2017, on the disposal of the
17th Street right-of-way between Elm Streets and Pine Streets to METX, LLC. Upon
motion the documents were received and filed and Resolution No. 220-17 Resolution of
Intent to vacate and dispose of City interest in 17th Street between Elm Street and Pine
Street, said right-of-way being a part of City Lot 176A of East Dubuque Addition, in the
City of Dubuque, Iowa to METX, LLC was adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on July 5, 2017 in the Historic Federal Building.
3. Grandview and Loras Traffic Signal Reconstruction Project — Initiate: City Manager
recommending initiation of the public bidding procedure for the Grandview Avenue and
Loras Boulevard Intersection Improvement Project, and further recommends that a public
hearing be set for July 17, 2017. Upon motion the documents were received and filed and
Resolution No. 221-17 Preliminary approval of plan, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specification, form of contract, and
estimated cost; and ordering the advertisement for bids was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on July 17, 2017 in the Historic Federal
Building.
BOARDS/COMMISSIONS
1 . Cable Television Commission: Three, 3-year terms through July 1 , 2020 (Expiring
terms of Hoverman, Maloney and Tigges). Applicants: Carol Hoverman, 1555 White St.;
Thomas Major, 1725 Lori St.; Pauline Maloney, 506 George St.; Ronald Tigges, 4927
Wild Flower Dr. Upon roll-call vote Carol Hoverman, Pauline Mahoney, and Ronald
Tigges were appointed to 3-year terms through July 1 , 2020. Hoverman = 6 (Connors,
Rios, Buol, Jones, Resnick, Lynch); Major = 1 (Rios); Maloney = 6 (Connors, Rios, Buol,
Jones, Resnick, Lynch); Tigges = 5 (Connors, Buol, Jones, Resnick, Lynch).
2. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of
Wilson, At-Large). Applicant: David Wilson, 2918 Washington St. (Qualifies as At-Large).
Motion by Jones to appoint Mr. Wilson to a 3-year term through May 21 , 2010. Seconded
by Resnick. Motion carried 6-0.
3. Historic Preservation Commission: One, 3-year term through July 1 , 2020 (Expiring
term of Monk, Architect At-Large). Applicant: Christina Monk, 2005 N. Main St. (Qualifies
as Architect At-Large). Motion by Connors to appoint Ms. Monk to a 3-year term through
July 1 , 2020. Seconded by Resnick. Motion carried 6-0.
4. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2020
(Expiring term of Lassance). Applicant: Paul Lassance. 4846 Embassy Ct. Motion by
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Lynch to appoint Mr. Lassance to a 3-year term through July 1 , 2020. Seconded by
Connors. Motion carried 6-0.
5. Long Range Planning Advisory Commission: Three, 3-year terms through July 1 ,
2020 (Expiring terms of Collins, Dolson and Vincent). Applicants: Ronald Collins, 243
Cardiff St.; Mark Dolson, 54 Alpine St.; Thomas Major, 1725 Lori St.; Alan Vincent, 565
Woodland Ridge. Upon roll-call vote, Mr. Collins, Mr. Dolson, and Mr. Vincent were
appointed to 3-year terms through July 1 , 2020. Collins = 6 (Connors, Rios, Buol, Jones,
Resnick, Lynch); Dolson = 6 (Connors, Rios, Buol, Jones, Resnick, Lynch); Major = 2
(Resnick, Lynch); Vincent = 4 (Connors, Rios, Buol, Jones).
6. Park and Recreation Advisory Commission: Three, 3-year terms through June 30,
2020 (Expiring Terms of Hoffmann, Kennicker and Klinge). Applicants: Paul Hoffmann,
174 Bradley St.; Robin Kennicker, 2929 Elm St.; Kenneth Klinge, 2267 Carter Rd.;
Rebecca Kuhle, 2566 Pearl St.; Luke Roth, 904 Barbaralee Dr. Upon roll-call vote, Mr.
Hoffman, Ms. Kennicker and Mr. Klinge were appointed to 3-year terms through June 30,
2020. Hoffman = 2 (Resnick, Lynch); Kennicker = 6 (Connors, Rios, Buol, Jones, Resnick,
Lynch); Klinge = 4 (Rios, Buol, Del Toro, Resnick).
The City Clerk reported the vote totals in error. Ms. Kule and Mr. Roth actually tied with
3 votes each. Kuhle = Connors, Rios, Jones; Roth = Connors Buol, Lynch A re-vote will
be taken at the July 5, 2017 City Council meeting.
7. Zoning Advisory Commission: One, 3-year term through June 30, 2020 (Expiring
Term of Christ).: Applicant: Martha Christ, 88 Princeton PI. Motion by Jones to appoint
Ms. Christ to a 3-year term through June 30, 2010. Seconded by Connors. Motion carried
6-0.
PUBLIC HEARINGS
1 . Sale of Property -2249 Harold Street: Proof of publication on notice of public hearing
to consider approval to dispose of City-owned property, specifically, Lot 30 and the North
5 Feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the City of Dubuque, Iowa,
according to the recorded plat thereof — 2249 Harold Street, and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 222-17 Approving the sale of real estate specifically Lot 30 and the north
5 feet of Lot 33 in J.P. Schroeder's Addition to Dubuque in the City of Dubuque, Iowa,
according to the recorded plat thereof - 2249 Harold Street. Seconded by Connors.
Motion carried 6-0.
2. 210 Jones Street, LLC Development Agreement: Proof of publication on notice of
public hearing to consider approval of the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a Development Agreement relating
thereto with 210 Jones, LLC and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 223-17 Approving a
Development Agreement by and between the City of Dubuque, Iowa and 210 Jones, LLC
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providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the
Redevelopment of 210 Jones Street. Seconded by Connors. Motion carried 6-0.
3. Westside Water System Improvements 2017 Contract C Highway 20 Watermain
Extension: Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Westside Water System
Improvements 2017 Contract C Highway 20 Water Main Extension, and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 224-17 Approval of plans, specifications, form of contract, and estimated
cost for the Westside Water System Improvements Hwy 20 Water Main Extension.
Seconded by Connors. Motion carried 6-0.
4. Sewer Revenue Capital Loan Notes - Kerper Boulevard Sanitary Sewer
Reconstruction Projects: Proof of publication on notice of public hearing to consider the
sale of not-to-exceed $3,600,000 in Sewer Revenue Capital Loan Notes (State Revolving
Loan Fund Program) for the Kerper Boulevard sanitary sewer reconstruction projects and
the City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 225-17 Instituting proceedings to take additional
action for the authorization of a Loan and Disbursement Agreement and the Issuance of
not-to-exceed $3,600,00 Sewer Revenue Capital Loan Notes. Seconded by Lynch.
Motion carried 6-0.
5. Water Revenue Capital Loan Notes - (State Revolving Loan Fund Program): Proof
of publication on notice of public hearing to consider the sale of not-to-exceed
$10,200,000 in Water Revenue Capital Loan Notes (State Revolving Loan Fund Program)
for the purchase and improvements associated with the City of Dubuque's acquisition of
the Vernon and Barrington Lakes water systems and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No.
226-17 Instituting proceedings to take additional action for the authorization of a Loan
and Disbursement Agreement and the issuance of not-to-exceed $10,200,000 Water
Revenue Capital Loan Notes. Seconded by Connors. Motion carried 6-0.
PUBLIC INPUT
Nino Erba, 672 Y2 Central Avenue, congratulated the Mayor on continuing with the
Paris Climate Agreement, and asked about what the City is doing to continue efforts to
address climate change. Mayor Buol responded with references to the City's 50%
reduction in greenhouse gas emissions by 2030 program and the installation of solar
panels on roofs of several City facilities.
Nick Molo, 955 Washington Street, requested that the City Council reconsider its ban
on the use of fireworks and urged support of a compromise in the upcoming ordinance
amendment.
Melissa Springer, 810 S. Grandview Avenue, and representing Mercy Turning Point
Treatment Center, requested that the City Council make the opioid epidemic, drug
overdosing and trafficking a priority.
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ACTION ITEMS
1 . Code of Ordinances Amendment - Titles 7 & 10 Firearms, Fireworks and
Environmental Stewardship Advisory Commission (Second Reading): City Manager
recommending approval of amendments to City of Dubuque Code of Ordinances Sections
7-5A-10, Weapons, Firearms and Fireworks; 7-5A-16, Hunting and Target Practice
Permitted; and 10-513-12, Possession of Firearms, Weapons and Fireworks. City
Manager submitting a revised memo and staff memo. Mr. Van Milligen verbally
referenced national and local statistics on fires and injuries caused by fireworks.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Connors. The
City Council discussed the potential for compromise between the new state law and the
City's proposed ordinance amendment, the challenge and confusion a complex ordinance
containing compromises might cause especially in terms of public information; the
individual choices of citizens, and the City Council's duty to provide public safety. Motion
failed 5-1 with Rios voting nay.
Motion by Jones to consider the second reading of three proposed ordinances
amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety,
Chapter 5 Offenses, Article A General Offenses, Section 7-5A-10 Weapons, Firearms
and Fireworks; amending City of Dubuque Code of Ordinances Title 7 Police, Fire and
Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-16 Hunting
and Target Practice Permitted; and amending City of Dubuque Code of Ordinances Title
10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use
Regulations, Section 10-513-12 Possession of Firearms, Weapons and Fireworks.
Seconded by Connors. Motion carried 6-0.
2. Rejection of Bids - Kerper Boulevard Sanitary Sewer Reconstruction Project: City
Manager recommending that the City Council reject the bids received for the Kerper
Boulevard Sanitary Sewer Reconstruction Project so the Engineering staff can re-
evaluate the design and incorporate any cost saving measures. Motion by Connors to
receive and file the documents and adopt Resolution No. 227-17 Rejecting competitive
bid proposal received for the Kerper Boulevard Sanitary Sewer Reconstruction Project.
Seconded by Resnick. Motion carried 6-0.
3. Procedure to Complete Action on Water Revenue Capital Loan Notes - (State
Revolving Loan Fund Program): City Manager recommending approval of the suggested
proceedings to complete action required on the $10,198,000 Water Utility Revenue
Capital Loan Notes from the State of Iowa Revolving Fund Loan Iowa Drinking Water
Facilities Financing Program. Motion by Lynch to receive and file the documents and
adopt Resolution No. 228-17 Series Resolution Authorizing and providing for the issuance
and securing the payment of $10,198,000 Water Revenue Capital Loan Notes, Series
2017 by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of
Iowa, providing for a method of payment thereof, approving Loan and Disbursement
Agreement, and other related matters. Seconded by Connors. Motion carried 6-0.
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4. Zone 2 Water Pressure Improvements: City Manager recommending authorization
to begin the process to build a water tower off Roosevelt Road in Water Pressure Zone
#2, which encompasses the area in and around Roosevelt Road and Peru Road,
including the Sky Blue Estates subdivision, the existing Alpine Park development and
Eagle Valley subdivision. Motion by Lynch to receive and file the documents and approve
the recommendation. Seconded by Connors. Motion carried 6-0.
5. Request for Work Session - St. Ambrose University Presentation on the Dubuque
Police Department Traffic Stop Analysis: City Manager recommending approval to
schedule a work session for a St. Ambrose University Presentation on the Dubuque
Police Department Traffic Stop Analysis for 6:00 p.m. on Tuesday, July 11 , 2017. Motion
by Lynch to receive and file the documents and set the work session as recommended.
Seconded by Connors. Jones stated that he is unavailable on that date and therefore will
not be in attendance. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 6:49 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 6/28
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